CODE OF VIRGINIA

ACTION FOR SHOPLIFTING AND EMPLOYEE THEFT (§ 8.01-44.4)

A. A merchant may recover a civil judgment against any adult or emancipated
minor who shoplifts from that merchant for two times the unpaid retail value of
the merchandise, but in no event an amount less than $ 50. However, if the
merchant recovers the merchandise in merchantable condition, he shall be
entitled to liquidated damages of no more than $ 350.

B. A merchant may recover a civil judgment against any person who commits
employee theft for two times the unpaid retail value of the merchandise, but in
no event an amount less than $ 50. However, if the merchant recovers the
merchandise in merchantable condition, he shall be entitled to liquidated
damages of no more than $ 350.

C. The prevailing party in any action brought pursuant to this section shall be
entitled to reasonable attorneys’ fees and costs not to exceed $ 150.

D. A conviction of or a plea of guilty to a violation of any other statute is
not a prerequisite to commencement of a civil action pursuant to this section or
enforcement of a judgment. No action may be initiated under this section during
the pendency of a criminal prosecution based on the same allegations of fact;
however the initiation of any criminal action against the perpetrator for the
alleged offense under § 18.2-95, 18.2-96, 18.2-102.1, or 18.2-103 or any other
criminal offense defined under subsection F does not preclude a merchant from
initiating or maintaining an action under this section once the prosecution has
been concluded. A merchant may not recover more than the retail value of the
merchandise, or more than the unpaid retail value of the merchandise if the
merchandise is not recovered in a merchantable condition, for the same loss if
both criminal and civil actions are initiated. However, nothing herein shall
preclude a merchant from recovering damages in excess of the retail value of the
merchandise, or the unpaid retail value of the merchandise if the merchandise is
not recovered in a merchantable condition, if a criminal action is initiated.
Nothing herein shall preclude a merchant from nonsuiting the civil action
brought pursuant to this section and proceeding criminally under § 18.2-95,
18.2-96, 18.2-102.1, or 18.2-103 or any other criminal offense defined under
subsection F.

E. Prior to the commencement of any action under this section, a merchant may
demand, in writing, that an individual who may be civilly liable under this
section make appropriate payment to the merchant in consideration for the
merchant’s agreement not to commence any legal action under this section.

F. For purposes of this section:”Employee theft” means the removal
of any merchandise or cash from the premises of the merchant’s
establishment or the concealment of any merchandise or cash by a person employed
by a merchant without the consent of the merchant and with the purpose or intent
of appropriating the merchandise or cash to the employee’s own or
another’s use without full payment.”Shoplift” means any one or
more of the following acts committed by a person without the consent of the
merchant and with the purpose or intent of appropriating merchandise to that
person’s own or another’s use without payment, obtaining merchandise
at less than its stated sales price, or otherwise depriving a merchant of all or
any part of the value or use of merchandise: (i) removing any merchandise from
the premises of the merchant’s establishment; (ii) concealing any
merchandise; (iii) substituting, altering, removing, or disfiguring any label or
price tag; (iv) transferring any merchandise from a container in which that
merchandise is displayed or packaged to any other container; (v) disarming any
alarm tag attached to any merchandise; or (vi) obtaining or attempting to obtain
possession of any merchandise by charging that merchandise to another person
without the authority of that person or by charging that merchandise to a
fictitious person.

HISTORY: 1992, c. 721; 2005, cc. 142, 234; 2012, c. 526.